$5.09 Million Jury Verdict for Negligent Use of Surgical Tack Applier Used to Secure Surgical Mesh

Ms. Doe, age 67, underwent elective laparoscopic hiatal hernia repair surgery. The procedure was completed by Dr. Roe, a surgeon, along with a nurse’s assistance. During the surgery, Dr. Roe used a tack applier to secure surgical mesh needed to patch an opening in Ms. Doe’s diaphragm.

The next day, Ms. Doe suffered atrial fibrillation and a rapid heartbeat. Ms. Doe coded that night and, despite extensive resuscitative efforts, she died.

Ms. Doe was survived by her husband and two adult children.

Ms. Doe’s husband sued the surgeon and the nurse alleging negligent use of the tack applier on Ms. Doe’s diaphragm. The Doe family argued that the use of the tack applier in diaphragmatic hernia repair surgery and deployment of tacks in the diaphragm are contraindicated by the instrument’s manufacturer due to the risk of pericardial injury.

Dr. Roe’s decision to ignore the manufacturer’s warning constituted gross negligence, the Doe family claimed.

The jury signed a verdict in favor of Ms. Doe and family for more than $5.09 million, including punitive damages.

The attorneys successfully representing the Doe family in this tragic case were Adam Satin and Julie Gielowski.

Doe v. Roe Surgeon, Confidential docket.

Kreisman Law Offices has been handling wrongful death lawsuits, medical negligence cases, misdiagnosis of cancer cases, hernia mesh product liability lawsuits and pharmaceutical defect cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Lyons, Bedford Park, Countryside, LaGrange Highlands, Willowbrook, Westmont, Burr Ridge, Willow Springs, Justice, Palos Hills, Palos Heights, Robbins, Crestwood, Dixmoor, Oak Forest, South Holland, Dolton, Calumet City, Burnham, Chicago (Mount Greenwood, Morgan Park, West Pullman, Roseland, Chatham, Avalon Park, Calumet Heights, Bronzeville, Wrigleyville, Douglas, Chinatown, Little Italy, East Garfield Park, Wicker Park, Portage Park, North Park, Edison Park, Norwood Park, Rogers Park, Edgewater, Ravenswood), Harwood Heights, Norridge, Des Plaines, Schaumburg, Hoffman Estates, Inverness, Kildeer, Half Day, Highwood, Riverwoods and Wheeling, Ill.